European Parliament Elections Act 1997
Verification of ballot paper accounts.
75. (1) At the time appointed under rule 73 the local returning officer shall —
(a) open each ballot box and count the number of ballot papers found therein and compare the total number of papers ascertained with the number shown in the appropriate ballot paper account,
F98[(aa) where ballot boxes from a polling station situated on an island have not reached the place appointed for the verification of ballot paper accounts under rule 73(2) before the time appointed under rule 73(1), due to stress of weather or transport difficulties, proceed in accordance with subparagraphs (a), (c) and (d) in respect of the other ballot boxes,]
F99[(b) when all the ballot boxes, including all the ballot boxes from polling stations situated on an island, have been dealt with in accordance with subparagraphs (a), (c) and (d), prepare a statement showing the result of the comparison under subparagraph (a) in respect of all the ballot papers for the county or county borough for which he or she is the local returning officer,]
(c) open the ballot box in which the postal and special voters ballot papers were placed pursuant to rule 38 and count and record the number of such ballot papers,
(d) make up in separate packets the ballot papers found in each ballot box (including postal voters ballot papers), endorse on each such packet the number of ballot papers contained therein and particulars of the polling station to which they relate (or, where appropriate, that they are postal and special voters ballot papers) and place the packets in boxes which the local returning officer shall seal and on each of which the said officer shall endorse the number of packets contained therein and the name of the county or county borough for which he or she is the local returning officer, and
(e) forthwith deliver to the returning officer for the constituency all such boxes together with —
(i) the statement referred to in subparagraph (b), and
(ii) a statement of the number of postal and special voters ballot papers recorded under subparagraph (c).
F100[(1A) For the purposes of paragraph (1)(a), the manner in which a ballot box, being a ballot box containing not more than 50 ballot papers, shall be opened shall be such that, although the box is opened, in the presence of the agents of the candidates, the preferences on the individual ballot papers cannot be read by those agents or other persons present at the count.]
(2) The local returning officer, while counting and recording the number of ballot papers pursuant to this rule, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.
Annotations
Amendments:
F98
Inserted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 205(b)(iii)(I), S.I. No. 512 pf 2022.
F99
Substituted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 205(b)(iii)(II), S.I. No. 512 pf 2022.
F100
Inserted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 51(p), S.I. No. 497 of 2001.
